Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85762282 DPMS PANTHER ARMS (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85762282) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Disclaimer

 

            The Examining Attorney requested disclaimer of the word “ARMS” apart from the entire mark.  Accordingly, Applicant submits the following disclaimer to be entered in to the Trademark Records:

 

            “No claim is made to the exclusive right to use the word “ARMS” apart from the mark as shown.”

 

Identification of Services

 

            The Examining Attorney also requested that Applicant amend its identification of goods.  The Examining Attorney stated that Applicant’s identification is unacceptable because it is indefinite, and requires clarification.  Applicant respectfully disagrees with the Examining Attorney and submits that Applicant’s identification is sufficiently definite and should be accepted.

 

            Applicant identified its services in its application as “Firearms and replacement and structural parts therefor” in Class 13.  It appears that the Examining Attorney is asserting that the wording “structural and replacement parts therefor” is indefinite and requires further detailed identification.  The Examining Attorney cites T.M.E.P. sections 1402.01 and 1402.03 as support for the proposition that Applicant’s identification is indefinite.  However, section 1402.03(a) specifically states that the words “‘parts therefor,’ as related to machinery, is acceptable [in an identification of goods] when it follows a definite identification.”  Here, Applicant has definitely identified “firearms,” as required for the above noted language in section 1402.03(a) to apply to Applicant’s application.  Firearms are, by definition, a type of machine (see definition of “Machine,” attached as Exhibit A).  Accordingly, Applicant submits that its current identification of goods is sufficiently definite and should be accepted.  See T.M.E.P. § 1402.03(a).

 

            Applicant further notes that the Trademark Office has consistently accepted similarly worded identifications in numerous third-party trademark applications and registrations for goods in Class 13.  These registrations include, but are not limited to, the following records:

 

 

(Copies of the TSDR Records for these applications and registrations are attached as Exhibit B.)  Applicant submits that the above third-party registrations are additional evidence that Applicant’s current identification meets the Trademark Office’s standards for clarity and should be accepted.  Therefore, Applicant respectfully requests that the Examining Attorney accept Applicant’s current identification as is.

 

Conclusion

 

            Having addressed each of the issues set forth in the Examining Attorneys Office Action, Applicant submits that its application is now in position for publication.  If you should have any further questions or need additional information about this application, please feel free to contact us.  Your assistance in this matter is greatly appreciated.

EVIDENCE
Evidence in the nature of Exhibits A and B to response. has been attached.
Original PDF file:
evi_74202224200-153027560_._Exhibit_A.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_74202224200-153027560_._Exhibit_B.pdf
Converted PDF file(s) ( 22 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use ARMS apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Randy Springer/     Date: 06/03/2013
Signatory's Name: Randel S. Springer
Signatory's Position: Attorney of Record, NC Bar Member

Signatory's Phone Number: (336) 721-3747

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 85762282
Internet Transmission Date: Mon Jun 03 15:41:32 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201306031541328
18739-85762282-5002c9366b07757a4773cf514
8e5f0cafdf5153abc101deff3ad73b0f46653205
1-N/A-N/A-20130603153027560890